In re Bloodworth
May
02
2008
Ruling
IRS violated stay by garnishing debtor's wages for postpetition taxes but could not be sanctioned as debtors had not filed required administrative claim with IRS.
Procedural posture
The debtors filed a motion, pursuant to 11 U.S.C.S. § 362(h), for damages and for contempt against the Internal Revenue Service (IRS) for violating the automatic stay.
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Court
:
- 11 U.S.C.
In re Winn-Dixie Stores Inc.
Feb
07
2008
Ruling
Landlords could not amend claim for rejection damages after plan confirmation.
Procedural posture
After the court had authorized debtors, a retailer and 23 affiliates, to reject leases with claimants and awarded reduced damages to claimants on the rejected leases based on objections filed by debtors, claimants accepted stock under a confirmed reorganization plan. Only thereafter did they attempt to further amend their claims to assert rights to additional rejection damages per 11 U.S.C.S. § 502, to which amendments debtors again objected.
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Court
:
In re Blakeslee
Sep
19
2007
Ruling
Hangning paragraph did not apply to financing that included negative financing and GAP insurance so that claim could be bifurcated.
Procedural posture
A debtor filed for relief under chapter 13. A creditor filed a claim for a total balance of $37,923 for a financing agreement that was issued in connection with the debtor's purchase of a vehicle. The debtor sought valuation of the creditor's claim. The court held a hearing and issued findings of fact and conclusions of law.
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Court
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In re Honcoop
Sep
19
2007
Ruling
Purchase money security interest in 910 vehicle could not be bifurcated once cost of GAP insurance was deducted.
Procedural posture
A debtor filed a petition for relief under chapter 13. The debtor had purchased a vehicle less than 910 days prior to the filing of her case and the finance contract for the vehicle had been assigned to a creditor. The creditor filed a claim in the proceedings, and the debtor filed a motion for valuation of the creditor's claim. The court held a hearing and issued findings of fact and conclusions of law.
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Court
:
- 11 U.S.C.
In re Courtney
Jul
13
2007
Ruling
Insurer's law firm that represented debtor in wrongful death action ordered to turn over allegedly privaleged documents relevant to estate's bad faith action.
Procedural posture
The debtor filed for relief under chapter 7. The chapter 7 trustee filed a motion, pursuant to 11 U.S.C. § 542, for turnover of property and files that the law firm had in its possession or control in its capacity as representatives for the debtor in a wrongful death action filed against the debtor.
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Court
:
- 11 U.S.C.
In re Demske
Jul
06
2007
Ruling
Disposable income test applies to plan modifications.
Procedural posture
The debtors filed a motion to modify their confirmed chapter 13 plan. The chapter 13 trustee filed an objection.
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Court
:
- 11 U.S.C.
In re Winn-Dixie Stores Inc.
Nov
09
2006
Ruling
Plan approved subject to trustee's right to review debtor's fees and expenses.
Procedural posture
Chapter 11 debtors filed a joint plan of reorganization for confirmation.
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Court
:
- 11 U.S.C.
Wofford v. Scott (In re Scott)
Jul
27
2006
Ruling
In rem action to impose equitable lien on property did not violate discharge injunction.
Procedural posture
Plaintiff was a co-owner of certain property with defendant debtor. Plaintiff filed an adversary proceeding to impose an equitable lien on the property at issue. This proceeding was resolved. However, the debtor filed a counterclaim alleging that plaintiff violated the discharge injunction as set forth in 11 U.S.C. § 524(a)(2). Plaintiff moved for summary judgment on his claim and moved to dismiss the counterclaim.
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Court
:
- 11 U.S.C.
Keith Eickert Power Prods. LLC v. Escada (USA) Inc. (In re Keith Eickert Power Prods. LLC)
Jun
16
2006
Ruling
Court ruled debtor established transfer was fraudulent and that corporation was initial transferee.
Procedural posture
Plaintiff chapter 11 debtor filed a complaint to avoid a fraudulent transfer pursuant to 11 U.S.C. §§ 544(b) and 548, avoid a preferential transfer pursuant to 11 U.S.C. § 547, recover property pursuant to 11 U.S.C. § 550.
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Court
:
- 11 U.S.C.
Westchester Surplus Lines Ins. Co. v. Surfside Resort & Suites Inc. (In re Surfside Resort & Suites Inc.)
Jun
08
2006
Ruling
Debtor's failure to notify insurer of bankruptcy was not grounds for revocation where insurer's obligations were not affected by filing.
Procedural posture
Plaintiff, a bankruptcy debtor's property insurer, brought an adversary proceeding against defendants, the debtor and the purchaser of the debtor's hotel under its confirmed plan, seeking to revoke the plan under 11 U.S.C. § 1144 on the ground that defendants conspired to deprive the insurer of notice of the debtor's bankruptcy. Defendants moved to dismiss the complaint and the insurer moved for summary judgment.
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Court
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